The South African employment sector has in recent years witnessed an increase in the prevalence of harassment and violence in the workplace. This is despite the fact that every employee has the right to be treated with dignity and respect in the workplace, and that no employee should have to tolerate harassment by employers or their fellow employees. Any form of violence and/or harassment in the workplace could have devastating effects for employees and an employers business.

As a consequence, on 20 August 2020, Minister of Employment and Labour, Thulas Nxesi, published the Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work (the draft Code). Its purpose is to remedy some of the shortcomings of the Amended Code of Good Practice of Handling Sexual Harassment Cases in the Workplace issued in August 2005 (No. 27865 Government Gazette, 4 August 2005).

The draft Code was drafted with a critical understanding of the violence running rampant through South Africa and more importantly, provides necessary solutions in addressing these concerns and how violence can be best dealt with in the workplace. It recognises a clear need to address the very real threat that harassment poses in a person’s working life.

Should the draft Code be enacted as legislation, it will place responsibility on employers and make them accountable for the correct implementation of its provisions within their businesses. Ultimately, employees will now have the opportunity to report any form of harassment that they may be subjected to within the workplace without fear of reprisal. The draft Code provides clear and concise definitions to matters which constitute harassment and which were once unclear. This includes, inter alia, bullying, cyber bulling, discrimination, domestic violence and harassment, intimidation and mobbing.

Although the draft Code has not yet been enacted, employers should take note of the proposed changes set out in the draft Code as it provides the opportunity for employers to assess their current policies and reflect on whether they currently fulfil their common law and statutory obligations when dealing with violence and harassment in the workplace.

If you happen to find yourself in a position where you are not sure if the work you perform would qualify you as an employee whose rights are worthy of protection, the code lists a wide range of roles which garner protection in the world of work. These roles include owners, employers, managers, supervisors, workers, workers whose employment has been terminated, volunteers, job seekers and job applicants, contractors and anyone else having dealings with the organisation.

What does all this mean for an employer in South Africa?

An employer must ensure that there are competent policies against harassment in its organisations which will inform and educate employees about sexual harassment and harassment generally. Further, employers should implement prevention and awareness programmes to educate workers on violence, harassment and health and safety procedures which clearly set out the interventions for each form of violence and harassment in the workplace. Employers should also consider providing programmes of care and support for victims of violence and harassment (including measures to mitigate the impact of domestic violence in the world of work).

As the Minister is calling for public comment on the draft Code, it is important that each of us takes the time to make their views known and share in the creation of this important legislation that seeks to protect employees. All comments are to be addressed to the following address:

Department of Employment and Labour

Employment Equity Directorate

Attention: Innocent Makwarela

Private Bag X117

Pretoria

0001

Alternatively, you can email your submissions to innocent.makwarela@labour.gov.za or miresh.singh@labour.gov.za . The deadline for public comments is 19 October 2020.